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(영문) 수원지방법원 2018.04.18 2017노8094
전자금융거래법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (hereinafter “the penalty amount of KRW 4,00,000”) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable to the fact that the defendant's mistake is divided and reflected, the defendant does not repeat the crime, the defendant's difficulty in maintaining his/her livelihood is currently difficult, and there is no record of punishment for the same kind of crime.

However, in light of the following: (a) the Defendant’s access media that was transferred by the Defendant used to commit fraud; (b) such crime was detrimental to the credibility of electronic financial transactions; (c) social harm was significant; and (d) there was no special circumstance or circumstance that may be considered in the new sentencing after the pronouncement of the lower judgment; and (c) the Defendant’s age, sexual conduct, environment; (d) background and consequence of the instant crime; and (e) all of the sentencing conditions indicated in the instant case, including the circumstances after the commission of the crime, etc., it is deemed that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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